THE WORKING PROGRAMS OF SOLIDARITAS NUSA BANGSA YEAR 2002

I. Backgrou ! Progra"

Indonesia is a multi culture nation, base on ethnic, race, and religion and linguistic. With many differences that we have, some peoples, groups or interest used the diversity to make many conflicts and riot. The regimes also make prejudice become the trigger that used to make segregation in each Indonesian people. Because of those problems, we need a Law to prohibit the discriminatory practices. We have been delivering the nti !iscrimination Law base on "ace and #thnic to the $ouse of "epresentative %!&"' since ())). This law will regulate and give a definition of racial discrimination, including the violence practices of racial discrimination. The presence of nti !iscrimination Law is a urgent thing because this law +nder this law, ,tate

could give e*planations about racial discrimination. differerent society.

have to gurantee a supremation of law regarding the relationship between s we know, there are -. discrimination regulations. By using this Law, all the discrimination regulations that under this law will be revoked. Beside that, the law efforts for the violator of the discriminatory practices will be got punishment and they would be bring to the court. Besides making the Law of nti !iscrimination, we do some research about

the discriminatory regulation. With this research, we will get more data about historical, sociological and law basic that make discriminations in Indonesia keep run the problems. We also make education series and /ournal 0usa Bangsa about anti discrimination and give all the material and

book for the /ournalist, Intellectual, 1rass "oot, Teachers and ,tudent movement. $opefully with this material, will make a change in our society about prejudice and racial practices. We also go some investigation. This investigation will give us data and prove about what happen in society regarding the violence against the minority and also discriminatory practices

II.
+. A

Su""ar# o$ T%& Ac'()('(&* 2002

ua,,# Pu-,(c('(&*. . #ducation series of nti !iscrimination.

0o. 2), 3ay 2442

The &luralism in "eligion Tionghoa in Indonesia 5ighting "acism The "eligion Issues Block legislation of &revention of The 6hildren ct. The ,truggling of #limination of "acism and Injustice against Women. +rgent ppeal8 3ethod to ,pread 9ut the 0ews

0o. 74, 3ay 2442

0o. 7(, /une 2442

with 9nline ,ystem ,B:"I, ,till Be 0eeded; :honghucu 6ase &edongkelan and &engarengan 6ases 9bservation of ct no. 2< = 2444 Build :&& 3ay "iot>)?, is the beginning of struggling of victim family of 3ay "iot>)? for eliminating impunity on $uman "ights @iolence.

0o. 72, /une 2442

"acism and Torture. ,tatement Torture. by ,0B8 International !ay gainst

 0o. 77, /uly 2442

,tatement by Torture. International

$"68 International !ay 3echanism on @iolence

gainst gainst

$uman "ights %3ay "iot ())?' Binding Torture in Indonesia Law ,ystem and Implementation 6onvention &unishment 0o. 7-, /uly 2442

gainst Torture and

9ther 6ruel, Inhuman or !egrading Treatment or The limited ecology resources and social conflict 3uspida 1arut West /ava make !iscriminative &ractices against Tionghoa Auo @adis8

6irculation

letter of

Immigration

!irector 1eneral nti Torture 6ommittee make "ecommendation to take action on further Implementation on anti Torture 6onvention to Indonesia 0o. 2442 0o. 7<, ugust 0o. 7?, ,ept 2442 0o. 7), 9ct 2442 7B, ugust The Basis of "adicalism on Women The !iscriminative policy done by Local 1overnment in Bekasi 5rom #*clusivist of "eligion to &luralism of "eligion The &lural ,ociety and people !emocracy Binding "ace and "eligion !iscrimination as a form of protection of $uman 6lass action in public cases %@iolence against $uman "ights' The picture of &ublic ,ervices in Indonesia The ,ocialiCation of "ace and #thnic ct nti !iscrimination Base on

2442 0o. 7., ,ept 2442

The ,tatement of the security of citiCen not national ,ecurity +nder 3arket 6ontrol What is the roots of 3ilitarism and What is its effect

Is Indonesia toward !emocratic ,tate by 6reating Legislations that respect on $uman "ights ,upremacy "ace and #thnic !iscrimination in Indonesian Law ,ystem "eviewing of the legaliCation marriages of 6onfucius cases according of Law 0o. (=.-. ,tatement about the @iolence by 6losing $:B& Baleendah Bandung.

0o. -4, 9ct 2442

B. /ournal 0usa Bangsa /ournal 0usa Bangsa edition . contains of8 Indigenous &eoples !iscrimination and Law #ducation

/ournal 0usa Bangsa edition ? contains of8 3ode of "acism "ace, 6lass and Ideology ( I !o &*(a

2. T%& R&*&arc% a-ou' D(*cr("( a'or# L&g(*,a'(o

This research tries to find the social, economic and political background that issued the discriminative legislations in Indonesia, especially in racial and ethnic fields. We make the historical background since the !utch colony in Indonesia, from D@II centuries until years ()-2. nd then The /apanese 9ccupation %()-2E()-B', The revolutionary decade %()-BE()-)', The era of Liberal democracy %()-)E()B?', The era of guided nonEparliamentary

democracy %()B?E()<B', The ()<BE()<< massacre, The 0ew 9rder era and the last, the era of reformation %())? until now'. The aim of this project as mentioned at the beginning is to find out the social, economic and political background that issued the discriminative legislations in Indonesia, especially in racial and ethnic fields. We hope that after we know the historical background, first, we can learn from the history, so we can avoid the past condition that issued the discriminative legislations. ,econd, we hope the government can make the revision to the discriminative legislation or revoke the discriminative legislations. Because for now, the condition had been changing and the discriminative legislations cannot accept by the Indonesian people. /. R&)(*& RUU ADRE 9n ,eptember 244( until 5ebruary 2442, did revise secondly of "++ of "++ !"#.

9n (< /anuary 2442, &7I !&" came to ,0B office to discuses about contains !"#. The issues of the discussion such as8 region autonomy, the !"# and about penalty in "++ !"#. cacia $otel position of :930 , $ 3 in "++

9n 2( /anuary 2442, ,0B held Round Table Discussion in

/akarta. The resources person on the discussion were &rof. !r. $ikmahanto, ,$, LL3, 3asdar 3as>ud and ,tanley %Institut ,tudy rus Informasi'. 9n - 5ebruary 2442, ,0B came to &7I office for socialiCing the revise of "++ !"#. 9n 3ay 2442, ,0B make some audiences with8 A. Frak*( Kar#a P&"-a gu a

9n (B 3ay 2442 ,0B, I0TI and Ibu "umainah %a parent of one of the victim of 3ay "iot ())?'. 5:& staff that met with ,0B staff was 3arCuki +sman, 3. Fahya Gaini and li Fahya.

#ster Indahyani %The chair person of ,0B' e*plained the aim of this meeting and the social condition in Indonesian society, include the riots base on "ace, "eligion and #thnicity in many region, such as 3ay "iot ())? and ,ampit "iot. #ster e*plained about the discriminatory legislation and the presence of B:36=Badan :oordinasi 3asalah 6ina % gent of 6oordination 6hinese Issues'. contains of "++ smin 5ransiska %&ublic "elation of ,0B' e*plained about !"#, ,ondang 5rishka %the chief of dvocacy division of !"#.

,0B' e*plained about what kind of effort to socialiCe "++

In generally, 5raksi 1olkar accepted this proposal and supported this proposal to become the initiative of !&". They also talked that race issue is violence against human rights. B. Au!(& c& 0('% Frak*( TNI1 Po,r( ,0B met with 5ranksi T0I=&olri on 27 3ay 2442, in "oom ()4- 0usantara I Building. ,uwaji represented 5raksi T0I = &9L"I. &urwandono %6hief of public opinion of ,0B' opened the discussion and talked about socialiCation that ,0B were doing until now, the ideas from the people of the grass root, such as region autonomy and the role of &7I on drafting "++ of "++ Level. smin 5ransiska %&ublic relation of ,0B' delivered contains of "++ The important thing about this !"#, !"#. The process !"# entered the &anja = &anitia :erja %working 1roup' !iscussion

such as, definition of race and ethnic discrimination, the aims of this act, etc. ct is about the penalty of discrimination practices that did by peoples, organiCation or group of the peoples. The

criteria of the penalty and discrimination practices also became the big issues in this ct. Beside that, the role of the peoples to eliminate race and ct. ethnic discrimination also contain

5raksi T0I = &9L"I accepted this proposal. There are some issues the delivered by the representative of 5ranksi T0I=&olri, such asH pluralism is a big problem regarding our education. #ducation is a big problem in Indonesia. $e talked about region autonomy, education and the role of mass media. 2. Au!(& c& 0('% Frak*( P&r*a'ua P&"-a gu a 3FPP4

9n 2- 3ay 2442, at 4).44 in "oom (B4? 0usantara I Building. lin $usein :omeini, ,afiansyah, :adir Ismail and about why "++ isyah imini dan ,yaiful were representatives of 5&&. #ster Indahyani %6hairperson of ,0B' e*plained !"# is important. 5irstly, the Indonesian Law ,ystem is discriminative, and the policies that made by government are racist and discriminate minority group in Indonesia. ,econdly, the policies that published by government make ethnicity prejudices. Thirdly, social conditions in our society become the trigger of racial riot. 5or e*amples, :ebumen, ,ampit, 3ay ())? "iot 6ase. The respond came out from of some member of 5&&. They gave good respond about this ct. They also asked list of discriminative regulation in Indonesia. #ster e*plained about ,B:"I = ,urat Bukti :ewarganegaraan "epublik Indonesia %Letter of Indonesian 6itiCen &rove' and B:36 under B :I0 T0I %Indonesian Intelligence gent of Indonesian rmy' that rise the discriminative practices against 6hinese.

,ome efforts to legitimate this act need the role of peoples. The role and society>s participation were needed to criticiCe !&", because this transcript of the ct already in !&" hand. o$ RUU ADRE

5. S&"( ar* a ! Pu-,(c D(*cu**(o A. Soc(a,(6a'(o : 7u & 20024 o$ RUU ADRE (

7akar'a8 3P& 9ar( ga 8 P,u('8 Su !a#8

The theme of this occasion was Different Culture gain Tolerance. This agenda too cultural format !" gi#ing moral ad#ices a!out $luralism. This agenda a$$rocing is a direct socili%ation thruogh the grass root that ha#e $otensial to trigger the riot.
The support of the local society to make this ceremonial possible was huge. ,ome of the people from local government gave statement about pluralism and some representative from 019 also gave statement, such as Ibu 3usdah %member of I6"& and "eligion !epartment', representative from 3atakin and Wignyo as one member of the committee. #stimation of audience was about -44 peoples. ,ome of the member of the society asked ,0B to rewind the documentation display. ,ome of media gave much attention to this ceremony. B. Soc(a,(6a'(o RUU ADRE ( M&!a 8 3La;a ga S(";a g T(ga8 K&,.

Suka"a9u8 K&c. B( 9a( Bara'8 B( 9a(4 The committee of this agenda is8 Lajusuar, Binjai Tionghoa Binjai community &erhimpunan "emaja Islam 3esjid 0urul $idayah ,ociety of Lingkungan I@ I @ :elurahan ,ukamaju, Binjai Tani /ati Wangi 6ommunity

&

The participants of this agenda were about .44 peoples. The committee also invited the religion leader, teachers, local organiCations, 3ayor of Binjai "egion, and all the security personal in this district. ,ome of immigration offices asked ,0B to clarify or discussion about the letter or statements the ,0B made about discriminatory practices in Indonesia trough out media. With this discussion we concluded that media has a important role to monitoring the discriminatory practices or policies. 2. Soc(a,(6a'(o RUU ADRE ( Po '(a ak

The seminar held on ,eptember 74th, 2442 by cooperation ,0B and Institut !ayakologi %&ontianak'. There are three speaker8 ,ondang %,0B' presented the road show of the "++ "++ 3r. !"# and the urgent of that "++ to be adopt in Indonesia legal system. 5irman /aya !aeli %&!I&', he presents the progress of !"# in parliament and the political will from &!I& to legaliCe the draft. bdulah %observer of social affair from &ontianak', he said that "++

!"# is important but we should aware of the implication it would bring considering that local society still euphoria of becoming the small kings in their own area. 3ost of the participant still did not give respond positive to the draft because they afraid that those draft only accommodate the J&emerintah &usatK interest and will deny the local need. <. A''& !( g UNH2R =>'% A ua, "&&'( g

9n <?th +0$6" 3eeting we delivered oral intervention about 3ay "iot ())? 6ase, 5ood ,ecurity in Burma, $unger ,triking in 3alaysia, the racist government in cases. =. A!)ocac# o$ !(*cr("( a'(o ca*&*8 *uc% a*. ustralia. ,0B focused on 3ay "iot ())?. Besides delivering the oral intervention, we tried to make lobby to special rapporteur in many

'

T&ga, A,ur 2a*& We held an audience with 3inister of /ustice and $uman "ight to talk about this case on 9ctober 2nd, 2442. 9n that meeting we present our research about Tegal lur community that still have difficulties to get hold civil documents such as the obligation to have ,B:"I. The minister officer said that ,B:"I is not reLuired anymore based on several 3inister !ecree but the problem is another institutions such as Internal those institution. SBKRI 2a*&*. a. The "acist &olicy of Tanggerang Immigration b. The "acist &olicy of Bogor Immigration 9n /uly )th 2442 1eneral !irector of Immigration issued a circular letter to all immigration office in Indonesia. The letter instruct that for applicant of Indonesian passport don>t need anymore to show ,B:"I since birth of certification and Identity 6ard %:T&' are enough to prove the Indonesian identity. 9ur investigation show that Tanggerang and Bogor Immigration 9ffice still ask ,B:"I such as one of the reLuirement to apply passport. This facts show that the government still not have strong will to finish this problem. ?. I )&*'(ga'(o 7akar'a. ,0B went to some immigration officeH we saw clearly those sLueeCing practices that did by immigration officer. They asked more money and did not as same as with the rule of officially regulation. They will make the peoples who gave money more the easy way to get what they want rather than the peoples who did not give money for them. We conclude that a-ou' '%& *@u&&6( g ( I""(gra'(o o$$(c&* ( ffair !epartment still ask for the document. ,o they recommend we should also bring this problem to

1(

immigration offices become sLueeCing bureaucracy and we need to monitor the working of immigration. The function of immigration to serve the peoples already changes, its function become sLueeCing offices. about ,B:"I %Letter of Indonesian 6itiCen &rove'. !epartment of /ustice and $uman "ight has lso the regulation #ven tough the shared letter no.

5M+3.4<.4(?-B. This letter tells that ,B:"I %for 6hinese' is not need anymore to be applied for registration to get the passport in Immigration 9ffice. 6itiCenship 6ard or Letter of Birth is enough to be applied. But in fact, ,B:"I still asked to be applied for 6hinese. >. I )&*'(ga'(o a-ou' '%& rac(*' ;o,(c(&* ( *o"& %o*;('a, (

7akar'a aga( *' 2%( &*& P&o;,&*. There are some racist policies about public services that did by $ospitals in /akarta. In birthing center, there is a big whiteboard hanging in the wall. It contains the information about the cost of making the 6ertificate of Birth for the baby who was born there. The cost for 6hinese is more e*pensive %"p (B4.444,.' than the other %"p 7B.444,.' It is show that the hospital is one of the institution which still do the discrimination to 6hinese people in Indonesia, besides the others government institution.

:. I )&*'(ga'(o 7a)a.

'%& A(o,& c& aga( *' +5 2%urc%&* (

W&*'

There are two churches in 6ikarang Barat West /ava, which have been closed by local 3uslim organiCation. This happened at 7 p.m. Wednesday (? th ugust 2442, 24E74 people came to 1BI Bethany 6hurch. They are the members of 3uslim 9rganiCation. They started destroyed the church by threw the stone from out side, and go into church to destroy the eLuipment in there like sound system, music tool etc.

11

t ,eptember <th 2442, the local government made decision to close this church. +ntil now the church is close and the congregation rent another place to do the activities. The other church, 1&!I that built in ()?( has been destroyed at ugust 27 rd 2442. The location of this church is near the 1BI Bethany. The suspects want to fire the church but only the door of the church burned. The local government made decision to close this church and until now the church close too. The cases have been reported to the &olice. $:B& Baleendah Bandung also becomes the victim of violence and urge to be closed by under the name of 5orum ,ilahtuhrrahmi !ewan :emanan 3asjid %,ecurity 3asjid 5orum'. They come from out side Baleendah region, and most of the peoples in Baleendah did not know them. The relationship between the peoples in Baleendah with the member of the church is very well. The 6hurch also already asked the permit from around peoples in Baleendah by asking the signature from the leader peoples in Baleendah region. They agree if in their region was built a church. 9n ? 9ctober 2442, 5,!:3 asked the member of $:B& Baleendah 6hurch to stop all activates and close the church. The members of $:B& Baleendah urge the local government to solve this problem. But there is no action from local government to solve this problem. 9n < 0ovember 2442, 5,!:3 came to the church and did violence against the member of the church. 5,!:3 threw the stone to the member of the staff. &olice came to the church and asked the key of the church and then closed the church. +ntil now, (-44 6hristian peoples in Baleendah cannot pray in the church and do their religion activities because the intimidation from the member of 5,!:3 and also they do not have a church anymore. +0. Mak& *o"& *'a'&"& '* o !(*cr("( a'or# ;rac'(c&* a ! 2a*&8

;o,(c(&* o

*o"& Da(,# N&0* Pa;&r8 *uc% a*. Acu

12

I""(gra'(o r&,(g(o

ca*&8 SBKRI 2a*&*8 *'a'&"& ' o$ )(o,& c& aga( *'

"( or('#8 &'c.

In many cases of racial violence and racial discriminations, most peoples do not know about the issues, which happen in Indonesia. With these programs, we could give more information to the peoples about the discrimination issues %especially that cases that we are handling'. The statements or the summary report that we make, we send to the mass media. $opefully with these programs, the people could monitor all the discrimination cases and give a good respond to the cases. The media become a good tool to give a lesson about anti discrimination and strategy to eliminate it. We could see from the respond of the peoples if we give statements in media about some cases. The champagne with media also change the racist polices that did by local or central government. We could see in the peoples in mass media. ++. A!)ocac# o$ Ma# R(o' +::> cun 6ase, ,B:"I 6ase, etc. 3any immigration also change their racist polices because the respond of

,0B have been trying advocacy this cases since ())?. There are two strategies that we have been doing. 5irstly, we %,0B and others 019' suit the ,tate and right now, the suit is in ,upreme 6ourt Level. We already urged the chief of ,upreme 6ourt to bring the cases priority, regarding many victims, a gross violence against human rights and also already take - years to wait the their result regarding this case. But the respond from ,upreme 6ourt is very slow and cannot take our case priority without a good reason. ,econdly we urge :omnas $ 3 %0ational 6ommission on $uman "ight' to build a :&& $ 3 %6ommittee of InLuiry on @iolence against $uman "ights' 3ay "iot ())?. The old :omnas $ 3, they agreed to make :&& $ 3 3ay "iot ())?. But the new :omnas $ 3 made a new policy about this issue.

13

bdul $akim 1aruda 0usantara as a chief of :omnas $ 3 gave many different opinion that make the victims confuse. $e agreed to reEdiscuss the result of T1&5 %5act 5inding Team' and after that urge !&" %$ouse of "epresentative &eoples ssemble' to build a $uman "ight 6ourt. "egarding $uman "ight Law, article -7, :omans $ 3 has to make a team to investigate the violence on the past %or we call the team as :&& $ 3'. :omnas $ 3 has a presumption of innocent to the suspect of perpetrator. :omnas $ 3 do not make any progress to solves 3ay "iot. The family of the victim and ,0B, I0TI, &$I strike in :omnas $ 3 to urge

:omnas $ 3>s duty for solving the 3ay "iot 6ase. +2. 6atatan Mak& Book o$ 2a'a'a Ak%(r Ta%u 2002

khir tahun is an annually report about the progressing of racial khir Tahun and we resume all the report for

discrimination and also the picture of national condition. ,ince ())) we make and publish 6atatan consume in press conference. +/. D(*cu**(o a-ou' A '( T&rror(*" L&g(*,a'(o

Indonesian government published 2 1overnment "egulation in Lieu of Law %&erpu'. 5irstly, 1overnment "egulation in Lieu of Law 0o. ( Fear 2442 about 6ombat The 6riminal ct of Terrorism. ,econdly, 1overnment "egulation in Lieu of Law 0o. 2 Fear 2442 is about &ut Into #ffect 1overnment "egulation in Lieu of Law 0o. ( Fear 2442 for Bali case. 3any pro and contra opinion regarding 2 1overnment "egulation in Lieu of Law that published by Indonesian 1overnment. The pro opinion said that for combating criminal act of terrorism, Indonesia needs a law as umbrella serves as a basis for security officer. 9n the other hand, the contra opinion said that Indonesian government has a tool of repression against the opposition groups.

14

We include with another 019 for criticiCing 1overnment "egulation in Lieu of Law. +5. 2('(6& *%(; a ! Pu-,(c *&r)(c&*

fter some meeting among stakeholders of the member of Information and dministration of 6itiCenship ,ystem %,istem Informasi adminstrasi kependudukan=,I :', were emerged for building a dialogue forum. This forum has a function for making draft as a basic to implement ,I :. Beside that, the forum works for urging a base of law that supports the implementation ,I :, such as &rotecting !ata Law, 6itiCenship Law, etc. This 5orum was followed by all departments that have relation with ,I : and 019s, this forum itself already held a national conference for asking the commitment from all participants for involving in the processing of dialog forum. 9ne of the aims of this forum is for preparing the draft of dministration of citiCenship ,ystem. We join this forum because we could give many contributions for this forum. s we know, there are many discrimination regulations in citiCenship field, such as ,B:"I, Identity 6ard, and public services in Immigration offices.

15